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Case LXX. 36 El 3 Cr 492, 493 Yel 167 Poph 109 2 Cr 594 Hob 16, 176 Trespass, Novel, Assignment, Evidence, Demurrer Dyer, 264: 1220

In trespass, the defendant pleads in bar; the plaintiff makes a new assignment in his replication ; tbe defendant rejoins that the places mentioned in the bar and in the new assignment are all one ; upon this the plaintifYf demurs ; the plaintiff has judgment; affirmed in error. For the plaintiff shall never be received to give evidence, that the trespass was done in the place named in the bar ; for he has denied that, by his new assignment ; and therefore the defendant’s rejoinder is vain : the defendant ought to have pleaded to the new assignment.

Citations:

[1220] EngR 448, (1220-1623) Jenk 265, (1220) 145 ER 190 (C)

Links:

Commonlii

Torts – Other

Updated: 08 May 2022; Ref: scu.461360

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